Can You Still Be Charged with a DUI in California if You Were Not Driving?

Can I Be Charged with a DUI Even If I Wasn’t Driving?

Yes, you can. In California, it is possible to be charged with a DUI even if you were not driving. This might seem counterintuitive at first, but it’s rooted in the state’s legal definition of “driving under the influence.” According to California law, a person can be charged with a DUI if they are “in actual physical control” of a vehicle while under the influence of alcohol or drugs.

The phrase “actual physical control” is a bit of a legal grey area, and it’s been the subject of many court cases over the years. Essentially, it means that you don’t necessarily have to be driving or even moving the vehicle to be charged with a DUI. If you’re in the driver’s seat and you have the ability to start and control the vehicle, you could potentially be charged with a DUI.

What Does “Actual Physical Control” Mean and What Factors Do Courts Consider?

“Actual physical control” is a legal term that’s used to determine whether a person was in control of a vehicle at the time of their arrest. It’s not enough to simply be in the vehicle; you must also have the ability to operate it. This could mean that the keys are in the ignition, the engine is running, or the vehicle is in a position where it could easily be moved.

What If I Was Asleep in the Car?

A common scenario that often leads to DUI charges even when you weren’t driving involves being found asleep in your car. You might think that sleeping off the effects of alcohol in your car is a responsible decision, but under California law, you could still be charged with a DUI.

What If I Was Just Sitting in the Car?

Similar to the scenario of being found asleep in the car, simply sitting in the driver’s seat of a parked car can also lead to a DUI charge in California. This is because the law focuses on your potential to operate the vehicle, not whether you were actually driving it.

What If I Was in the Passenger Seat?

Being in the passenger seat of a vehicle while under the influence of alcohol or drugs is generally not enough to warrant a DUI charge in California. However, there are exceptions. If the driver is also impaired and you switch places with them, you could potentially be charged with a DUI. This is because you’re seen as taking on the responsibility of controlling the vehicle, even if you don’t actually drive it.

What If I Was in the Backseat?

Being in the backseat of a vehicle while under the influence is generally not grounds for a DUI charge in California. However, if there’s evidence to suggest that you were in “actual physical control” of the vehicle at any point, you could potentially be charged with a DUI. This could include situations where you moved from the driver’s seat to the backseat, or if you were found with the keys in your possession.

What are the Potential Consequences of a DUI Charge?

The consequences of a DUI charge in California can be severe and far-reaching. If convicted, you could face hefty fines, mandatory alcohol education programs, probation, and even jail time. The harshness of these penalties typically hinges on the details of your situation, including your blood alcohol content (BAC) at the time of arrest, any prior DUI convictions, and whether your alleged impairment caused any injuries.

What If I Have Previous DUI Convictions?

If you have previous DUI convictions on your record, the stakes are even higher. California has a “three strikes” law, which means that the penalties for a DUI conviction increase with each subsequent offense. A third DUI conviction within a ten-year period, for example, can result in a prison sentence of up to three years.

Can I Fight a DUI Charge If I Wasn’t Driving?

Absolutely. Just because you’ve been charged with a DUI doesn’t mean you’re automatically guilty. There are several defense strategies that an experienced attorney can employ to challenge the charges against you. For instance, they might question the validity of the field sobriety tests or breathalyzer results, argue that you weren’t in “actual physical control” of the vehicle, or challenge the legality of the traffic stop itself.

What If I Was Arrested for a DUI at a DUI Checkpoint?

Law enforcement frequently utilizes DUI checkpoints to apprehend drivers under the influence. However, there are strict rules governing their operation. For example, the location of the checkpoint must be announced in advance, and the selection of vehicles to be stopped must be done according to a pre-determined pattern.

How Can an Attorney Help Me?

An attorney can help you understand the charges against you, guide you through the legal process, and advocate for your rights in court. They can also challenge the prosecution’s evidence, question the validity of the arrest, and argue for a reduction or dismissal of the charges.

In addition, an attorney can help you deal with the administrative aspects of a DUI case, such as the suspension of your driver’s license. They can represent you at DMV hearings and work to get your driving privileges reinstated as quickly as possible.

If you’ve been charged with a DUI in California, even if you weren’t driving, an experienced attorney can provide the legal expertise and guidance you need to navigate this challenging situation.

If you have been charged with a DUI, even if you weren’t driving, call Patrick Silva, Attorneys at Law, today at 909-500-4819 for a free consultation.